Mr. Bingaman (by
request) introduced the following bill; which was read twice and referred to
the Committee on Energy and Natural
Resources

A BILL

To provide for several critical National Park Service
authorities, and for other purposes.

1.

Short
title

This Act may be cited as
the National Park Service Critical
Authorities Act of 2012.

2.

District of
Columbia snow removal

The Act
of September 16, 1922 (42 Stat. 845, chapter 318) is amended by striking
section 3 and inserting the following:

3.

Duties of
Federal Agencies

(a)

In
general

It shall be the duty of a Federal agency to remove, or
cause to be removed, snow, sleet, or ice from any paved sidewalk or crosswalk
within the fire limits of the District of Columbia that is—

(1)

in front of or
adjacent to any building that is—

(A)

owned by the
United States; and

(B)

under the
jurisdiction of the Federal agency; or

(2)

a public
thoroughfare in front of, around, or through any public square, reservation, or
open space that is—

(A)

owned by the
United States; and

(B)

under the
jurisdiction of the Federal agency.

(b)

Timing

The
removal of snow, sleet, or ice under subsection (a) shall occur within a
reasonable period after the snow or sleet ceases to fall or the ice has
accumulated, as applicable.

(c)

Application of
sand, ashes, and salt

If snow, sleet, or ice has hardened and
cannot be removed from a sidewalk or crosswalk described in subsection (a), the
Federal agency shall—

(1)

make the sidewalk
or crosswalk reasonably safe for travel by applying sand, ashes, salt, or other
acceptable materials to the affected sidewalk or crosswalk; and

(2)

as soon as
practicable, thoroughly remove the snow, sleet, or ice from the affected
sidewalk or crosswalk.

(d)

Authority To
delegate

A Federal agency may delegate the duty of the Federal
agency under subsections (a) and (c) to another governmental entity or a
nongovernmental entity under a lease, contract, or other comparable
arrangement.

(e)

Agreement

If
2 or more Federal agencies have overlapping responsibility for a sidewalk or
crosswalk, the Federal agencies may enter into an agreement assigning
responsibility for the removal of snow, sleet, or ice from the sidewalk or
crosswalk.

.

3.

George
Washington Memorial Parkway

(a)

Purpose

The
purpose of this section is to authorize, direct, facilitate, and expedite the
transfer of administrative jurisdiction over certain Department of
Transportation land and Department of the Interior land in accordance with the
terms and conditions of this section.

(b)

Definitions

In
this section:

(1)

Agreement

The
term Agreement means the agreement entered into by the Federal
Highway Administration and the National Park Service on September 11, 2002,
with respect to the Federal land described in this section.

(2)

DOI
land

The term DOI land means the approximately
0.342 acres of Department of the Interior land that is—

(A)

located within
the boundary of the George Washington Memorial Parkway; and

(B)

generally
depicted as B on the Map.

(3)

DOT
land

The term DOT land means the approximately
0.479 acres of Department of Transportation land within the boundary of the
Research Center that is—

(A)

adjacent to the
boundary of the George Washington Memorial Parkway; and

The term Research Center means the
Turner-Fairbank Highway Research Center of the Federal Highway
Administration.

(6)

Secretary

The
term Secretary means the Secretary of the Interior.

(c)

Administrative
jurisdiction

(1)

In
general

The Secretary may transfer to the Secretary of
Transportation administrative jurisdiction over the DOI land in exchange for
the transfer by the Secretary of Transportation to the Secretary of
administration jurisdiction over the DOT land.

(2)

Use
restriction

(A)

In
general

The Secretary shall restrict the use of the land
described in subparagraph (B) by prohibiting the storage, construction, or
installation of any item that may obstruct the view from the Research Center to
the George Washington Memorial Parkway.

(B)

Description of
restricted land

The land referred to in subparagraph (A) is the
approximately 0.139 acres of land within the boundary of the George Washington
Memorial Parkway immediately adjacent to the north perimeter fence of the
Research Center, generally depicted as C on the Map.

(3)

No
reimbursement or consideration

No reimbursement or consideration
shall be required for the transfer of administrative jurisdiction under this
subsection.

(4)

Compliance with
agreement

(A)

In
general

The National Park Service and the Federal Highway
Administration shall comply with all terms and conditions of the Agreement
regarding the transfer of administrative jurisdiction, management, and
maintenance of the land described in the Agreement.

(B)

Access to
restricted land

(i)

In
general

Subject to clauses (ii) and (iii), the Secretary shall
allow the Research Center to access the land described in paragraph (2)(B) for
purposes of maintenance in accordance with National Park Service standards,
including grass mowing, weed control, tree maintenance, fence maintenance, and
maintenance of the visual appearance of the land.

(ii)

Pruning and
removal of tress

No tree on the land described in paragraph
(2)(B) that is 6 inches or more in diameter shall be pruned or removed without
the advance written permission of the Secretary.

(iii)

Pesticides

The
use of pesticides on the land described in paragraph (2)(B) shall be approved
in writing by the Secretary prior to application of the pesticides.

(5)

Availability of
map

The Map shall be available for public inspection in the
appropriate offices of the National Park Service.

(d)

Management of
transferred land

(1)

DOT
land

The DOT land transferred to the Secretary under subsection
(c)(1) shall be—

(A)

included in the
boundaries of the George Washington Memorial Parkway; and

(B)

administered as
part of the George Washington Memorial Parkway, subject to applicable laws
(including regulations).

(2)

DOI
land

The DOI land transferred to the Secretary of Transportation
under subsection (c)(1) shall be—

(A)

included in the
boundary of the Research Center; and

(B)

removed from the
boundary of the parkway.

(3)

Restricted-use
land

The land described in subsection (c)(2)(B) shall be
maintained by the Research Center.

4.

Uniform
penalties for violations on park service land

(a)

In
general

The first section of the Act of March 2, 1933 (47 Stat.
1420, chapter 180), is amended by striking imprisonment. and
inserting the following: imprisonment, unless the violation occurs at a
park, site, monument, or memorial that is part of the National Park System, in
which case the violation shall be subject to the appropriate penalty under
section 3 of the National Park Service Organic Act (16 U.S.C. 3) and subchapter
C of chapter 227 of part II of title 18, United States Code..

(b)

Administration
by Secretary of Interior

Section 2(k) of the Act of August 21,
1935 (16 U.S.C. 462(k)), is amended by striking proceedings. and
inserting the following: proceedings, unless the violation occurs at an
area that is part of the National Park System, in which case the violation
shall be subject to the appropriate penalty under section 3 of the National
Park Service Organic Act (16 U.S.C. 3) and subchapter C of chapter 227 of part
II of title 18, United States Code..

5.

Authorization of
appropriations

There are
authorized to be appropriated such sums as are necessary to carry out this
Act.

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